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2024 Supreme(Online)(RAJ) 402
[2024:RJ-JP:27551-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal (Writ) No. 343/2024 In S.B. Civil Writ Petition No.2934/2024
1. Shakuntala Sharma W/o Dinesh Kumar Sharma, Aged About 52 Years, R/o P.No. 11, Shiv Vihar, Sirsi Road, Meenawala, Jaipur (Raj).
2. Ram Gopal Sharma S/o Sh. Sualal Sharma, Aged About
64 Years, R/o S/3 69 A Surya Nagar, Taro Ki Koot, Tonk Road, Jaipur (Raj).
3. Suresh Kumar Verma S/o Sh. Gulab Chand, Aged About
56 Years, R/o P.No. 1-2, Janak Vatika, Harmada Ghati, Sikar Road, Jaipur.
4. Kajod Mal S/o Sh. Arjunlal, Aged About 63 Years, R/o 14 Gujaron Ka Mohalla, Gram Kabra, Tonk, Rajasthan.
5. Manohar Singh S/o Sh. Hari Singh, Aged About 58 Years, R/o 13-A, Ashok Vihar Vistar, Gokulpura, Jhotwara, Jaipur (Raj).
6. Chet Ram Yadav S/o Sh. Sh. Jai Narayan Yadav, Aged About 74 Years, R/o Village Kalyanpura, Tehsil Behror, District Behror, Rajasthan.
----Appellants/Petitioners Versus
1. The Union of India through Its Secretary, Department Of Health And Family Welfare, Room No. 152, A-Wing, Nirman Bhawan, New Delhi.
2. The Directorate of Central Government Health Scheme, through Additional Secretary And Director General, Room No. 157 A, Nirman Bhawan, Maulana Azad Road, New Delhi.
3. The Director, Central Government Health Scheme, CGHS Bhawan, Sector-13, R K Puram, New Delhi-110066.
4. The Additional Director, Central Government Health Scheme Jaipur, Office of Additional Director CGHS Jaipur, Kendriya Sadan, Block-B, Sector-10, Vidyadhar Nagar, Jaipur Rajasthan.
----Respondents For Appellant(s) : Mr. Hemant Taylor For Respondent(s) : Mr. Gaurav Jain HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
03/07/2024
1. Appellants have preferred this Special Appeal (Writ) aggrieved by the interim order dated 01.03.2024 passed by learned Single Judge, whereby prayer for interim relief was rejected on the ground that if the prayer in the stay application is accepted and allowed, the same would amount to granting final relief to the petitioner.
2. It is contended by counsel appearing for the appellants that appellants were working in the paramilitary forces. They had deposited their one-time amount in the Central Government Health Scheme (in short ‘CGHS’) for availing “lifetime” CGHS benefits, however, the same has been denied on the ground that the amount has not been deposited. It is also contended that the appellants had paid the entire amount to the employees of the respondents but the employees have not deposited the entire amount, for which an F.I.R. has also been lodged against them.
3. Mr. Gaurav Jain, learned counsel appearing for the respondents has opposed the present appeal. It is contended by Mr. Gaurav Jain, learned counsel appearing for the respondents that the order impugned cannot be set-aside for the very reason that the relief sought for in the writ petition cannot be granted at the interim stage. Reliance in this regard has been placed on “State of Uttar Pradesh & Ors. vs. Sandeep Kumar Balmiki & Ors.” (2009) 17 Supreme Court Cases 555 and “Council for Indian School Certificate Examination vs. Isha Mittal & Anr.” (2000) 7 Supreme Court Cases 521.
4. We have considered the contentions.
5. Appellants are retired employees from the paramilitary forces and they have deposited one time amount to avail the CGHS benefits. However, due to some fraud committed by employees of the respondents, the entire amount was not deposited and now they are not getting the benefits of CGHS.
6. Be that as it may, the point is that the main relief cannot be granted at the stage of interim relief. However, taking note of the fact that appellants have paid the entire amount to the employees of the respondents, we, therefore, deem it proper to direct that if any amount is paid by the appellants for medical treatment, the same shall be subject to the decision of the writ petition. In case the appellants succeed in the writ petition, they would be entitled to recover the amount spent towards medical treatment from the respondents.
7. The present Special Appeal (Writ) is disposed of accordingly.
Stay application also stands disposed of.
(PRAVEER BHATNAGAR),J (PANKAJ BHANDARI),J AMIT/42
